Under WBPT Act, non-spouse heir tenancy expires after 5 years. Admitting facts proving expiry justifies O.12 R.6 eviction decree. Party cannot approbate/reprobate Act's applicability.

 RAJIV GHOSH

Vs.

SATYA NARYAN JAISWAL

( Before : J.B. Pardiwala and R. Mahadevan, JJ. )

Special Leave Petition (Civil) No. 9975 of 2025 (Diary No. 8323 of 2025)

Decided on : 07-04-2025

West Bengal Premises Tenancy Act, 1997 — Section 2(g) — Inherited Tenancy — Limitation — The definition of "tenant" under S. 2(g) extends tenancy rights to specified heirs (including son/daughter) of a deceased tenant for a maximum period of five years from the date of the tenant's death (or the Act's commencement, whichever is later), provided they were ordinarily living with and dependent on the tenant and meet other conditions — This five-year limitation does not apply to the dependent spouse — After the expiry of this statutory period, such heirs (other than the protected spouse) cease to be tenants under the Act.

Eviction--Dispute as to amount of rent--Case remanded back--Tenant directed to pay rent as claimed by landlord during pendency of suit.

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Landlord & Tenant—Eviction—Change of User—In rent agreement there was no restriction on tenant to run business only relating to the saw mill-­Tenant was given liberty to carry on any other business as well—Tenant changed his business from saw mill to manufacturing of grills—Eviction petition ground of change of user dismissed

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High Court gave finding that the Rent Appellate Tribunal allowed the appellant's (landlady's) appeal with a casual approach and failed to record any categorical finding on the plea of bona fide need—However, High Court neither remanded the case nor decided the appeal on merits—This approach of the High Court caused prejudice to the appellant (landlady) because there was no factual finding recorded either by the first appellate Court or the High Court on the question of bona fide need—Matter remanded back to Rent Appellate Tribunal

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Eviction--Bona fide requirement-- It is always the privilege of the landlord to choose the nature of the business and the place of the business.

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Landlord and Tenant--Eviction--Provisional Rent-Arrears of Rent-It is mandatory to assess the provisional rent and without determination of rent no decree of eviction on the ground of arrears of rent can be passed--Rajasthan Premises (Control of Rent and Eviction) Act, 1950, S. 13.

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